09-01-09 Item 24South Miami
k-i-fty-A
All- America City
1
CITY OF SOUTH MIAMI
��oR�oP OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor & Members of the City Commission
Via: Ajibola Balogun, City Manager
From: Thomas Vageline, Director
Planning and Zoning Departme
Date: September 1, 2009 Agenda Item No.:
Subject: Professional Service Contract Extension
Request: A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXTEND A
CONTRACT WITH THE CORRADINO GROUP FOR THE PURPOSE OF PROVIDING
CONTINUING PROFESSIONAL CONSULTANT SERVICES NEEDED TO ASSIST THE CITY
IN THE DEVELOPMENT AND ADOPTION OF A FUTURE LAND USE MAP CATEGORY
FOR THE SW 62 AVENUE CORRIDOR IN ACCORD WITH THE RECOMMENDATIONS SET
FORTH FOR THE CORRIDOR IN THE EVALUATION AND APPRAISAL REPORT
ADOPTED BY THE CITY ON JANUARY 6, 2006; PROVIDING THE CITY MANAGER THE
NECESSARY AUTHORITY TO USE UP TO $15,000 FROM THE UNDESIGNATED
CONTINGENCY CASH RESERVE FUND; CHARGING PAYMENT TO ACCOUNT NO. 01-
1620 -524 -3450, PLANNING AND ZONING DEPARTMENT CONSULTANT SERVICES;
PROVIDING AN EFFECTIVE DATE.
BACKGROUND:
At the City Commission meeting on August 18, 2009 the Vice Mayor discussed the subject of preparing a
Comprehensive Plan Future Land Use Map Category for the SW 62 Ave. Corridor. There was general
agreement by the Commission and the item was referred to the Planning Board and the Planning and
Zoning Department. In order to expedite the completion of this task it will be necessary to supplement
Planning and Zoning Department staff by the use of the City's current Comprehensive Plan consultant.
STATUS OF SW 62 AVE. CORRIDOR PLANNING STUDIES
The SW 62 Avenue Corridor is defined as the west side of SW 62 Ave. extending from SW 64 Street on
the north to SW 70th Street on the south. Future development of the area has been studied for over a
decade and there has been no definitive decision made on what is the most appropriate development for
the area. The decision making process is complicated because the Future Land Use Map category
assigned in 1997 allows height and densities equal to the downtown area. In addition, the underlying
zoning district "Neighborhood Retail" is very restrictive and does not even allow for residential
development.
The subject area has been subject to many studies, including a 2002 City sponsored Charrette and zoning
studies by the Planning and Zoning Department in 2003 -2004. In the adopted 2006 Evaluation and
Appraisal Report the City Commission set forth a specific direction for the future land use category for
the SW 62 Ave. Corridor (p.12) as follows:
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"Change Mixed Use Commercial /Residential to a category that allows for current or existing uses plus
mixed -use commercial /residential, offices, or townhomes (limited to two stories)"
It is. important to note that production of a Future Land Use Map Category for the SW 62 Avenue
Corridor was not scheduled to be done as part of initial EAR Based Text amendments currently pending
before the City Commission. In 2007 the Planning Director at the time decided that the Madison Square
Future Land Use Category was higher priority and was therefore included in the EAR Amendments. The
SW 62 Corridor Future Land Use Map Category was scheduled to be done as an amendment at a later
date. However, it is possible that a Future Land Use Map category for SW 62 Avenue'Corridor could be
completed and made part of the current 2007 EAR Based Text Amendment document which is currently
pending before the City Commission.
PROFESSIONAL CONSULTANT
In order to produce a SW 62 Corridor Future Land Use Map Category which results in a consensus of the
property owners and ,the residents of the abutting residential area, it will be necessary that the planning
program include historic analysis, development potential, and a public workshop. It is proposed that the
Planning and Zoning Department staff be supplemented by use the City's current Comprehensive Plan
consultant.
The City's consultant, The Corradino Group, Inc.has submitted the attached scope of work which would
be needed to successfully carry out a SW 62 Avenue Corridor Future Land Use Category study. The cost
of the services is estimated at $15,000 (p. 3). These additional services would be an amendment to the
existing agreement with the consultant which was last amended by Resolution No. 50 -08 -12647 on April
1, 2008 also pertaining to amendments needed to complete the Evaluation and Appraisal (EAR) Based
Text Amendments.
RECOMMENDATION
It is recommended that the City Manager be authorized to extend the current contract with The Corradino
Group, Inc. for professional services to develop a Future Land Use Map category for the SW 62 Avenue
Corridor. Further providing the City Manager the necessary authority to use up to $15,000 from the
Undesignated Contingency Cash Reserve Fund.
Backup Documentation:
❑ Proposed Resolution
❑ Exhibit "A" Scope of Work
❑ Resolution No. 50 -08 -12647
❑ Existing Agreement dated April 14, 2008
XAComm Items\2009 \9- 1- 09\EAR Consultants - Contract Extension CM Report.doc
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1 RESOLUTION NO.
2 A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF
3 SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXTEND A
4 CONTRACT WITH THE CORRADINO GROUP FOR THE PURPOSE OF PROVIDING
5 CONTINUING PROFESSIONAL CONSULTANT SERVICES NEEDED TO ASSIST
6 THE CITY IN THE DEVELOPMENT AND ADOPTION OF A FUTURE LAND USE
7 MAP CATEGORY FOR THE SW 62 AVENUE CORRIDOR IN ACCORD WITH. THE
8 RECOMMENDATIONS SET FORTH FOR THE CORRIDOR IN THE EVALUATION
9 AND APPRAISAL REPORT ADOPTED BY THE CITY ON JANUARY 6, 2006;
10. PROVIDING THE CITY MANAGER THE NECESSARY AUTHORITY TO USE UP TO
11 $15,000 FROM THE UNDESIGNATED CONTINGENCY CASH RESERVE FUND;
12 CHARGING PAYMENT TO ACCOUNT NO. 01- 1620- 524 -3450, PLANNING AND
13 ZONING DEPARTMENT CONSULTANT SERVICES; PROVIDING AN EFFECTIVE
14 DATE.
15
16 WHEREAS, the City of South Miami must complete the review and adoption of the_
17, Comprehensive Plan Evaluation and Appraisal Based Text Amendments as recommended in
18 the 2006 Evaluation and Appraisal Report; and
19
20 WHEREAS, the preparation, presentation and submittal of the Comprehensive Plan
21 2006 Evaluation and Appraisal Report and the 2007 Evaluation and Appraisal Based Text
22 amendments did require that the Planning and Zoning Department be temporarily supplemented
23 by professional consultant personnel ; and
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25 WHEREAS, The Corradino Group, Inc. since initial selection in December 2004 has
26 provided professional services to the City to assist in the preparation of the Evaluation and
27 Appraisal Report and the Evaluation and Appraisal (EAR) Based Text Amendments; and
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29 WHEREAS, in 2006 and 2008 the City Commission approved contract extensions with
30 The Corradino Group, Inc. for continuing professional services needed for the preparation,
31 presentation and submittal of the Comprehensive Plan Evaluation and Appraisal (EAR) Based
32 Text Amendments and other State mandated text amendments ; and
33
34 WHEREAS, the City Commission at its meeting on August 18, 2009 referred to the
35 Planning Board and the Planning and Zoning Department the responsibility of preparing a
36 Comprehensive. Plan Future Land Use Map Category for the SW 62 Ave. Corridor as
37 recommended in the 2006 Evaluation and Appraisal Report for inclusion in the pending
38 Evaluation and Appraisal Based Text Amendments; and
39
40 WHEREAS, the production of a SW 62 Avenue Corridor Future Land Use Map
41 Category which results in a consensus of the property owners and the residents of the abutting
42 residential area, will be require a planning program includes historic analysis, development
43 potential, and public workshop; and
44
45 WHEREAS, the City's consultant, The Corradino Group, Inc. has submitted a scope of
46 work which would be needed to successfully carry out a SW 62 Avenue Corridor Future Land
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Use Category study at an estimated cost of $15,000; and
WHEREAS, The City Commission has not budgeted any amount in the FY 2008 -2009
for the SW 62 Avenue Corridor Future Land Use Category Study; and
WHEREAS, the additional services would be an amendment to the existing agreement
with The Corradino Group, Inc. which was last amended by Resolution No. 50 -08 -12647 on
April 1, 2008.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Manager is authorized to execute a change order to extend the existing
contract with The Corradino Group, Inc. for the provision of professional services to develop a
Future Land Use Map category for the SW 62 Ave. Corridor as set forth in attached Exhibit "A"
Scope of Work dated August 26, 2009-
Section 2. The City Manager is authorized to utilize up to $15,000 of the City's Undesignated
Contingency Cash Reserve Fund to pay for expenses associated with the provision of
professional services to develop a Future Land Use Map category for the SW 62 Ave. Corridor.
Section 3. This resolution shall be effective immediately upon approval.
PASSED AND ADOPTED this day of
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
XAComm Items \2009 \9- 1- 09\EAR Consultant contract Reso.doc
2009
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Palmer:
Commissioner Newman:
Commissioner Sellars:
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City of South Miami SW 62 Ave Future Land Use C
EL (Mf l "N" Scope of Work
Development of
Future Land Use Category
For SW 62 Avenue Corridor
South Miami, Florida
ory Scope of Services
AUG IrE C [ER, IN E
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PLANNINW -ulD ZONING
DEPARTMENT
The Corradino Group understands that the City of South Miami Planning and Zoning Department
seeks the development of a Future Land Use Category for the SW 62 Avenue Corridor in the City.
Background
The City of South Miami included a recommendation for a Future Land Use Category for the SW 62
Avenue Corridor in its adopted Evaluation and Appraisal Report adopted by the City of South
Miami on January 5, 2006, and approved by the Florida State Department of Community Affairs on
May 19, 2006. This recommendation appeared on page 12 of this document (copy attached).
In a draft Future Land Use Map Amendment Analysis prepared by the Corradino Group in March
2008, the area proposed for the implementation of the proposed Future Land Use Category was
identified as the land area bounded by SW 62nd Avenue, SW 64th Street, SW 70th Street, and rear
property lines of properties abutting SW 62nd Avenue (includes 6230 SW 69th Street) (copy
attached).
Scope of Work
The scope of work is to include:
Analysis Fee - $1,000
a. Review the adopted Evaluation and Appraisal Report submitted to and
approved by DCA as it relates to the proposed Future Land Use Category.
b. Provide a summary of the information contained in the EAR as it relates to
this Future Land Use Category.
C. Review 1997 EAR Comprehensive Plan amendment changing the Future
Land Use Category for the corridor
d. Review reports by the Planning and Zoning Department on proposed
development standards
e. Review the Corridor Charrette held on November 23, 2002.
2. Draft Language Fee - $800
a. Using the information gained in the analysis stage of the scope, prepare
draft language for the Future Land Use Category.
3. Impacts
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Fee - $4,300
Provide a report of the actual and potential impacts of the proposed Future
Land Use Category being instead in the area of the City described in
"background" above.
1 . Impact on existing uses;
2. Impact of existing Future Land Use designations as shown on the
existing Future Land Use Map;
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City of South Miami SW 62 Ave Future Land Use Category Scope of Services
3. Potential impacts on the properties to the north, south, east and
west of the proposed Future Land Use Category.
4. Meet with City Staff Fee — $2,400
a. Present findings, impacts and draft language to City Staff (one meeting).
b. Recommend approach to Public Workshop to discuss this proposed Future
Land Use Category to gain public input (one meeting).
C. Make changes recommended by City Staff as necessary for the draft
language of the proposed Future Land Use Category (two meetings).
d. Set date /time /place for the Public Workshop.
5. Public Workshop Fee - $3,000
a. Make preparations for the Public Workshop as required.
b. Take official attendance of citizens attending the Public Workshop.
C. Make the presentations at the Public Workshop of the draft language
proposed for the Future Land Use Category.
d. Solicit comments from the public at the Public Workshop.
e. Record comments from the public in written summary form.
f. Summarize the results of the Public Workshop.
g. Provide a written summary of the Public Workshop and the original
attendance sheets to the City.
6. Recommendation Fee - $1,500
a. Include in the final report the summary of the impact portion of the scope
with appropriate graphics.
b. Include the summary of the Public Workshop.
C. Include any land area changes recommended for implementation of the
proposed Future Land Use Category, along with the reasons for the change.
d. Using all of the information gained in the process of the scope of work;
provide a written recommendation to the City as to the appropriate draft
language to use for the proposed Future Land Use Category, including the
basis for the recommendation.
7. Deliverables Fee - $2,000
a. PowerPoint graphics presentation slides for presentation of the findings of
the Public Workshop.
b. No less than 10 digital photographs of the Public Workshop in progress.
C. Current PowerPoint graphics representing an aerial view of the land area
proposed for the implementation of the proposed Future Land Use
Category, similar to the pages provided in the March 2008 Future Land Use
Map Amendment Analysis for Area 1.
d. A current list of property addresses, folio numbers, property owners, mailing
addresses within the proposed land area for implementation of the
proposed Future Land Use Category in EXCEL spread sheet form.
e. A current certified list of the property owners within 500 feet of the proposed
land area for the implementation of the proposed Future Land Use
Category.
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City of South Miami SW 62 Ave Future Land Use Category Scope of Services
Total Project Fee $15,000 (not to exceed)
Agreement Submitted by:
Date:
Agreed to by:
Joseph M. Corradino, AICP, President
The Corradino Group
Thomas Vageline, Planning Director
City of South Miami
Date:
Notes:
1. Signature by The City of South Miami signifies a notice of intent to proceed with the under
the terms noted above. A facsimile signature shall have the some legally binding effect as
an original signature.
2. Meetings with the public and /or City Staff is limited to the number of meetings defined in
this scope. Any additional meetings will be beyond this scope and will be charged to the
City based an hourly rate of $100 /hour.
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RESOLUTION NO. 50-08-12647
A RESOLUTION OF THE MAYOR AND TI1E CITY COMMISSIONOF THE CiTY OF SOUTfi
MIAMi, FLORIDA, AUTHORIZING THE CITY NIANAGER TO :EXTEND A CONTRACT
WITH THE CORRADINO GROUP FOR THE PURPOSE OF PROVIDING CONTINUING
PROFESSIONAL CONSULTANT SERVICES NEEDED TO ASSIST THE CITY IN THE
DEVELOPMENT AND ADOPTION OF THE FOLLOWING EVALUATION AND APPRAISAL
(EAR) REPORT BASED AMENDMENTS TO THE COMPREHENSIVE PLAN:
EDUCATIONAL FACILTIES RELATED AMENDMENTS; WATER SUPPLY FACILITIES
WORK PLAN; PHASE II REVIEW AND ADOPTION OF FUTURE LAND USE MAP
CHANGES; APPROVING A CONSULTANT FEE IN THE AMOUNT OF `';30,000; CHARGiNG
T14E AMOUNT TO ACCOUNT NO. 01- 1620- 524 -3450, PLANNING CONSULTANT SERVICES;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of South Miami must complete the review and adoption of the flollowing
Comprehensive Plan Amendments: Future Land Use Map Changes as recommended in the 2005 -2006
EAR Report; mandatory. amendments related to Educational Facilities Element; and amendments related
to a mandatory Water Supply facilities Work'Plan; and
WHEREAS, the preparation, presentation and submittal of the Comprehensive Plan text
amendments as set firth in above Whereas clause will require that the Planning Department be
temporarily supplemented by professional consultant personnel; and
WHEREAS, on December 21, 2004 after the submission of proposals from professional
consultants and a review by an Administrative Committee, the City Commission adopted Resolution No.
1.92 -04 -11971 approving a contract for $46,000 with The Corradino Group, inc. based upon their
Submission being the lowest cost estimate and being most responsive to the needs specified in the RFP;
and
WHEREAS, during the period .ianuarv, 2005 tivu November 14, 2006 the consultant firm The
Corradino Group, Inc. and its subcontractors successfully assisted the Planning Department and guided
the City of South Miami through the process of preparing the Comprehensive Plan Evaluation and
Appraisal Report which was subsequently accepted by the Florida Department of Community Affairs,
and
WHEREAS, on November?8, 2006 the City Commission adopted Resolution No. 218 -06 -12359
approving a contract extension with The Corradino Group, Inc. for $35,000 for continuing professional
services needed for the preparation, presentation and submittal of the Comprehensive Plan text
amendments as set forth in the Evaluation and Appraisal Report a continuation of tile work done by The
Corradino Group, Inc. under the contract executed in December , 2004; and
WHEREAS, on September 25, 2007 the City Manager and The Corradino Group, Inc jointly
agreed to make a scope of services revision in the form of a chan;e order for the purpose of having The
Corradino Group, Inc initiate Phase I -FLUM Amendments, a comprehensive data gathering and area
studies on proposed changes to the Future Land Use Map amendments recommended in the 2005 -2006
Comprehensive Plan Evaluation and Appraisal Report which report is to delivered to the City on April 1,
2008; and
WHEREAS, due to a State imposed deadline The Corradino Group, fnc in November, 2007 was
requested to assist the City beyond the existing scope of services to develop all of the required
Res. No, 50 -08 -12647
all'lelldmellts necessary to complete the mandatory Educational Facilities Llement and related
amendmerlis to the Cal;iull Illlprovelllelt Elemeilt alld till' InlerLOVBI'llllll'IlIdl CoordlnFllloll F,lelllellt: and
the adopliorl of the '"Amended alld Restated I11lerlocal Agreeillent for Public School Facllit\ Plailr in, ill
Miami -Dade County" document which amendments and documents were adapted I)\ the Ca)
Commissimi on December 18. 2007 via Resolution No.203 -07 -12588 and submitted to the F101_ida
Department of Conlnuulity Affairs: and
WHEREAS, the City Manager is requesting authorization to extend the ezistin, contract \\ith
`I'lle Corradirlo Group, Inc in the amount of x+30.000 lilr thin provision of professional services as 1,61lows:
Phase 11 and Ill -- I_`LUM Amendments, the preparation. presentation. review and adoption ol'
Comprehensive Plan Future Land Use Map changes recommended in the 2005 -2006 I AR Report: the
preparation and submission of mandatory amendments related to a Water Supply Facilities Work flan:
and to assist the City to complete the amendments li)r the Educational Facilities Element, the Capital
improvement [:lenient and the Intergovernmental Coordination Element: and file adoption of' the
"Amended and Restated Interlocal Agreement for Plllllic School Facility Plannin,; in Mianli -Dade
COLII1tY'" : and
WHEREAS. fundin for the c()Ilsultant services is irlelude:d in the Planriin" Department's 1:Y
2007 -2008 budget expressly for this purpose.
NOW, THEREFORE, 13E IT RESOLVED BY THE MAYOR AND CITY CONINUSSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The Cite Mana,er is authorized to execute a chan,_�e order to exicnd the exisii1lu
contract with The C:orradino Group, Inc., in the amount of` 530,000 tier the provision of professional
services as follows: the preparation, presentation, review and adoption of Comprehensive Plan 1-LltLll'e
Land Use Map changes recommended in the 2005 -2006 I Al2 Report: the preparation and submission oI'
mandatoty amendments related to a Water Supplyv Facilities Work Plan; and to assist the City to
complete the amendments for the Educational Facilities Element. the Capital Improvement I- lenient and
the Inter,overnnlelital Coordination Element; and the adoptl011 of the '`Amended ,tnd Restated Inter -local
Agreement For Public School Facility I'lannin!, in Mianli -Dade Count )'" : and
Section 2 Full din,, for the subjectcomi -act shall be charged as follows: 530.000 to Account No.
01- 1620 -5214 -34-50, Planninz Consultant Services (.ctn-rent. balance $33,650).
Section 3:. This resolution shall be effective 1111111 :(liatcly upon appl-mal.
PASS FA) ANT) AD01YF ED this Id-day of ?008
AT1 -EST':
`-_C `Y CL.F..RK
;APPROVED:
fPI;,N OR
COMWSSION '0TI1.: 4 -0
READ AND APPROVED AS TO FORM: Nlayor Feliu: Yea -
Vice Mavi�r I3easlcy: Yea
-� Conl ill issi0ner Wiscoillhe: absent
/ -� -- Con ill issioner Palmer: Yea
C.'ommissioner Beckmaii : Yea
Cl I N' A "f 1 ORN1_l' - - - -- - - - - --
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City of South Miami 2006 Evaluation and Appraisal Report
In addition to the need for the creation of additional districts, there are a number of areas
where the Future Land Use and/or zoning designations need to be amended to: ensure
consistency between Future Land Use and zoning; provide for a more logical distribution
of land uses; provide appropriate transitions between neighborhoods and uses, and; reflect
existing land uses. Proposed amendments to the Future Land Use Plan Map and/or Zoning
Map are detailed on Table II.A.2. and identified on Figure II.A.3. Please note that such
amendments are only proposed, and would not be enacted until the subsequent EAR -based
amendment process and/or through related revisions to the land development regulations.
Some of these recommendations are based on discussions that have taken place in previous
planning and public participation processes, while others are based on consideration of
suggestions by citizens, property owners, and/or staff. Additional amendments and
revisions that are not noted on Table II.A.2. or Figure II.A.3. might be proposed during the
EAR -based amendments or update of the land development regulation.
Table H.A.2. Potential Future Land Use Plan Map and Zoning Map Amendments
Figure
Potential Future
Potential Zoning May Amendment
II.A.3.
Land Use Plan Map Amendment
Location
Identifier
1.
Change Mixed Use
Change LO (Low Intensity Office) and
Commercial/Residential to a
NR (Neighborhood Retail) to a new
category that allows for current or
district that allows for current or
existing uses plus mixed -use
existing uses plus mixed -use
commercial/residential, offices, or
commercial/residential, offices, or
townhomes (limited to two stories).
townhomes with buildings limited to
two stories and appropriate rear
setbacks to protect the residential area.
2.
Change Mixed Use
Change NR (Neighborhood Retail) to a
Commercial/Residential to a Mixed
new Mixed Use District that includes
Use category that includes
Commercial/ Office/Residential and
Commercial/ Office/Residential and
Neighborhood Center /Cultural uses,
Neighborhood Center /Cultural uses,
limiting to 2 stories with adequate
limiting to 2 stories with adequate
setbacks to protect the residential
setbacks to protect the residential
areas.
areas.
3.
No change
RS -3 (Single Family Residential)
regulations require larger lots than are
platted. Consider amending to RS -4 to
reduce non-conforming lots.
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APfl 16 2008
CONSULTING AGREEMENT
This Agreement, dated _ c>8 is entered into between THE
CORRADINO GROUP (the "CONSUL AN ') and the. City of South Miami (the CITY).
Engagement. The CITY engages CONSULTANT to perform, and
CONSULTANT agrees to use its best efforts to perform, the services
specifically set forth in the Scope of Services attached hereto, and
incorporated herein by reference, as Exhibit A.
2. Term, Good Faith. The term of this Agreement shall be for a period of one
year from the date set forth above. Given the nature of the public
process entailed in securing governmental approvals, both CITY and
CONSULTANT acknowledge and commit to acting in good faith with each
other. The Parties agree to not willfully take advantage of the nature of
the public review process to manipulate the success of any particular
project to the financial or business detriment of the other Party.
3. Compensation. In consideration of the services to be rendered by
CONSULTANT during the term of this Agreement, CONSULTANT shall
receive a fee as set forth in the Scope of Services attached hereto as
Exhibit A.
4. Termination. This Agreement shall be terminable by the CITY upon 30 -day
notice to CONSULTANT. CONSULTANT will not act to deprive CITY of the
business benefit of any of the projects for which CONSULTANT negotiates
on behalf of CITY. CONSULTANT shall be entitled to any fee earned by
CONSULTANT hereunder prior to the effective date of any termination,
and payment of such fee shall be made within 30 days of being earned.
5. Venue. Venue in any proceeding instituted under this Agreement shall be
Miami -Dade County, Florida. This Agreement shall be governed by and
interpreted in accordance with the laws of the State of Florida.
6. Construction. The language in all parts of this Agreement will be
construed as a whole according to its fair meaning and, not strictly for or
against any party. Each party has reviewed this Agreement with their
respective counsel. Any rule of construction to the effect that ambiguities
are to be resolved against the drafting party shall not apply in the
interpretation of this Agreement or any amendments to it.
7. Severability. In the event a court of competent jurisdiction declares any
term or provision of this Agreement to be invalid or unenforceable for any
reason, this Agreement will remain in full force and effect, and either: (a)
2
the invalid or unenforceable provision will be modified to the minimum
extent necessary to make it valid and enforceable; or (b) if such a
modification is not possible, this Agreement will be interpreted as if that
invalid or unenforceable provision were not a part of this Agreement.
8. Entire Agreement; Modification. This Agreement constitutes the entire
understanding of the parties and supercedes any and all prior discussions,
negotiations, agreement and understandings, whether oral or written, with
respect to its subject matter. This Agreement may be modified only by a
written instrument executed by CITY and CONSULTANT.
In witness whereof, the parties have executed this Agreement on the date
set forth above. *
Joseph M. Corradino, AICP
Executive Vice President
Th C rradino Group
X: \Comm Items \2008 \4 -1 -08 \CAR Consultant Contract:doc
City Manager
City of South iami
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